Pismo Beach Municipal Code Ch. 8.28 Water Wells

For purposes of this chapter the words and phrases defined in this section mean as follows:

"Abandoned" or "abandonment" shall apply to a well which has not been used for a period of one year, unless the owner declares in writing to the health officer, his intention to use the well again for supplying water or other associated purposes, such as an observation well or injection well, and receives approval of such declaration by the health officer. All such declarations shall be renewed annually. Test holes and exploratory holes shall be considered abandoned twenty-four hours after construction work has been completed, unless otherwise approved by the health officer.

"Agricultural wells" means water wells used to supply water for irrigation or other agricultural purposes, including stock wells.

"Cathodic protection well" means any artificial excavation in an aquifer or in excess of fifty feet, constructed by any method for the purpose of installing equipment or facilities for the protection electrically of metallic equipment in contact with the ground commonly referred to as cathodic protection.

"Community water supply well" means a water well for domestic purposes in systems subject to Chapter 7 of Part 1 of Division 5 of the California Health and Safety Code.

"Completion" or "completion operation" means any work conducted after artificial excavation to include:

• 1. Placement of well casing;
• 2. Gravel packing;
• 3. Sealing;
• 4. Casing perforation; or
• 5. Other operations deemed necessary by the health officer.

"Contamination" means an impairment of the quality of water to a degree which creates a hazard to the public health through poisoning or through spread of disease.

"Destruction" or "destroy" means the complete filling of a well in such a manner that will not produce water or act as a conduit for the interchange of water, when such interchange will result in deterioration of the quality of water in any water-bearing formations penetrated.

"Electrical grounding well" means any artificial excavation in an aquifer or in excess of fifty feet, constructed by any method for the purpose of establishing an electrical ground.

"Health officer" means the health officer of the county, his medical deputies, his sanitarians, or his duly authorized representatives.

"Individual domestic well" means a water well used to supply water for domestic needs of an individual residence or commercial establishment.

"Industrial wells" means water wells used to supply industry on an individual basis.

"Modification" or "repair" means the deepening of a well, reperforation, sealing or replacement of a well casing.

"Observation well" means a well used for monitoring or sampling the condition of a water-bearing aquifer, such as water pressure, depth, movement or quality.

"Person" includes any person, firm, association, corporation, organization, partnership, business trust, company, or special district formed under the laws of the state.

"Pollution" means an alteration of the quality of water to a degree which unreasonably affects:

1. Such waters for beneficial uses; or

2. Facilities which serve such beneficial uses. Pollution may include contamination.

"Public nuisance," when applied to a well, means any well which threatens to impair the quality of ground water or otherwise jeopardize the health and safety of the public.

"Salt water (hydraulic) barrier wells" means wells constructed to extract or introduce water into the ground as a means of preventing intrusion of salt water into a fresh water-bearing aquifer.

"Test or exploratory hole" means an excavation used for determining the nature of underground geological or hydrological conditions, whether by seismic investigation, direct observation or any other means.

"Well" means any artificial excavation constructed by any method for the purpose of extracting from or injecting water into, the underground, or for providing cathodic protection or electrical grounding of equipment, or for making tests or observations of underground conditions, or for any other similar purpose. Wells shall include, but shall not be limited to, community water supply wells, individual domestic wells, industrial wells, agricultural wells, cathodic protection wells, electrical grounding wells, test and exploratory holes, observation wells, and salt water (hydraulic) barrier wells, as defined in this section, and other wells whose regulation is necessary to fulfill the purpose of this chapter. This definition shall not include:

1. Oil and gas wells constructed under the jurisdiction of the State Department of Conservation, or geothermal wells, except those wells converted to use as water wells; or

2. Wells used for the purpose of:

a. Dewatering excavation during construction, or

b. Stabilizing hillsides or earth embankments;

3. And the following artificial definitions:

a. Drill holes for soil testing purposes where such holes are less than twenty-five feet in depth,

b. Holes or excavations for soil percolation tests,

c. Drill holes for seismic exploration where such drill holes are less than twenty-five feet in depth,

d. Excavations for drainage percolation ponds or spreading basins.

"Well drilling contractor" means a contractor licensed in accordance with the provisions of the California Contractor's Law, Chapter 9, Division 3, of the Business and Professions Code, commencing with Section 7000. (Prior code § 13.20.010)

No person as defined in this chapter shall within the incorporated area of the city construct, repair, modify or destroy any well unless such person possesses a valid permit issued by the health officer of the county as provided in this chapter, and a use permit issued by the city pursuant to the applicable provisions of appropriate substantive and procedural land use ordinances of the city. (Prior code § 13.20.020)

No person shall construct, repair, modify or destroy any well unless such construction, repair, modifications or destruction is in conformance with the terms, conditions, and standards specified in this chapter and in the written permit issued by the health officer, and the use permit issued by the city pursuant to the appropriate ordinances referred to in Section 8.28.020. (Prior code § 13.20.030)

Applications for permits shall be made to the health officer of the county and shall include the following:

A. A plot plan indicating the exact location of the well with respect to the following items within a radius of two hundred feet of the well:

• 1. Property lines,
• 2. Sewage disposal systems or works carrying or containing sewage or industrial wastes,
• 3. All intermittent or perennial, natural or artificial water bodies or watercourses,
• 4. Drainage pattern of the property,
• 5. Existing wells,
• 6. Access roads;

B. Location of the property (include township, range and section);

C. Name of the person who will construct the well;

D. Estimated or proposed depth of well;

E. Use of the well;

F. Other information as may be necessary to determine if underground waters will be protected. (Prior code § 13.20.040)

Every permit application except those made by a public agency shall be accompanied by a fee of ten dollars, none of which shall be refundable. (Prior code § 13.20.050)

Each permit issued pursuant to this chapter shall expire within six months following the date of the issuance of the permit. Upon expiration of any permit issued pursuant to this chapter, no further work may be done in connection with construction, repair, modification, or abandonment of a well unless and until a new permit for such purpose is secured in accordance with the provisions of this chapter. (Prior code § 13.20.060)

No permit shall be issued to any person who is not a well drilling contractor, provided that a permit may be issued to an owner or occupant of property who does the work of construction, repair, modification or destruction of a well located on such property himself or through his own employees; and provided further that a permit may be issued to any person exempt from the provisions of the Contractor's License Law, Chapter 9, Division 3, of the Business and Professions Code (commencing with Section 7000). (Prior code § 13.20.070)

A. As a condition precedent to the issuance of a permit, every applicant for a permit shall file or have on file with the health officer of the county a corporate surety bond in the sum of two thousand five hundred dollars, issued by a surety company licensed to do business in the state, or in lieu thereof, a cash deposit in the sum of two thousand five hundred dollars.

B. As used in this section, "cash deposit" includes, without limitation, certificates of deposit payable to the county issued by banks doing business in this state, investment certificates or share accounts assigned to the county and issued by savings and loan associations doing business in this state, or bearer bonds issued by the United States Government or by this state.

C. The surety bonds shall be conditioned to secure the compliance and faithful performance by the permittee of the terms, conditions, and standards imposed by this chapter, or by any permit issued under this chapter.

D. If cash is deposited in lieu of such bond, said cash deposit shall secure the compliance and faithful performance by the permittee of the terms, conditions, and standards imposed by this chapter, or any permit issued under this chapter. (Prior code § 13.20.080)

Permits shall be issued subject to compliance with the standards provided in Section 8.28.140; in addition thereto, if the health officer shall find that the proposed construction, repair, modification, or destruction of a well may create an unreasonable danger of contamination, pollution, or public nuisance, he shall deny the application for issuance of a permit. In such case, the fee shall be refunded. (Prior code § 13.20.090)

The permittee shall complete the work authorized by the permit prior to the expiration date set forth in the permit. The permittee shall notify the health officer in writing upon completion of the work, and such work shall not be deemed to have been completed until such written notification has been received. (Prior code § 13.20.100)

A copy of the well driller report required under Section 13751 of the California Water Code, shall be submitted to the health officer of the county, along with an information copy to be furnished to the city administrator upon completion of construction of each well. (Prior code § 13.20.110)

Any person aggrieved by the refusal of the health officer to issue a permit or by the terms of a permit may appeal from the action of the health officer to the council by filing a written notice of appeal with the clerk of said council. The clerk shall set the matter for hearing before the council and shall give reasonable notice of the time and place thereof to the applicant and to the health officer. The council shall hear the appeal by the applicant, and shall forthwith decide whether substantial grounds are shown for the decision of the health officer from which said appeal is taken. In arriving at such decision the council may refer the matter to the planning commission for its recommendation to the council. Unless the council shall rescind the health officer's action by a majority vote, his decision shall be deemed affirmed. (Prior code § 13.20.120)

Standards for the construction, repair, modification or destruction of wells shall be as set forth in Chapter II of the California Department of Water Resources Bulletin No. 74, "Water Well Standards: State of California" and its Appendices E, F, and G; and those of the Department of Water Resources Bulletin No. 74-1, "Cathodic Protection Well Standards," State of California. (Prior code § 13.20.130)

In the event the health officer determines that a well constitutes a public nuisance, he shall abate said nuisance in accordance with the provisions of Chapter 22.97 of the San Luis Obispo County Code and/or Chapter 8.20 of this title. (Prior code § 13.20.140)

If the health officer finds that immediate action is necessary to prevent impairment of the groundwater or a threat to the health or safety of the public, he may immediately abate the nuisance without complying with the provisions of Sections 22.97.010 through 22.97.070 of Chapter 22.97 of the San Luis Obispo County Code. After abating the nuisance, the health officer shall comply with the provisions of Sections 22.97.080 through 22.97.095 of the San Luis Obispo County Code. (Prior code § 13.20.150)